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PBJ Learning Joins National Center on Sexual Exploitation Amicus Brief
PBJ Learning joins 9th Circuit Amicus Brief to support trafficking survivor whose case against Craigslist was dismissed on CDA 230 grounds
By: PBJ Learning, Inc.
"This precedent-setting case will impact whether websites can be held liable for facilitating and profiting from sex trafficking,"
NCOSE stated they are supporting a sex trafficking victim whose case against Craigslist was dismissed on CDA 230 grounds. The district court found FOSTA only "provides an exemption from immunity for a section 1595 claim if, but only if, the defendant's conduct amounts to a violation of section 1591." Meaning, survivors are required to establish criminal liability, actual knowledge, when she files her case in order for her claim to proceed. This is virtually impossible. The 9th Circuit accepted the case for appeal.
"Many important privacy and security issues must be addressed on the internet. Cases like this are vital to bring them to light," says Cain. "There's a delicate balance between safety and privacy. A conversation regarding that is well overdue. When this type of horror destroys the lives of innocent people, groups like ours need to speak up."
NCOSE claims interpreting FOSTA and the TVPRA has resulted in a split in the courts. Many young survivors' cases have been thrown out yet again due to CDA 230 even after Congress tried to remedy this with FOSTA. Cases against Reddit (on behalf of 9 victims of CSAM), Omegle, and Kik have all been dismissed using this incorrect interpretation of FOSTA. Thankfully, the court in our case against Twitter on behalf of two CSAM survivors correctly interpreted FOSTA and their claims survived a motion to dismiss, as did a case against Mindgeek (parent company of Pornhub) in California. What is especially frustrating is the court in this JB case originally interpreted FOSTA correctly and allowed the TVPRA claim against Craigslist to proceed but then the court reversed itself when the Defendants filed a motion for reconsideration.
"This is an important issue for survivors who fought so hard for FOSTA. We should not let the 9th circuit interpret it in a way that completely eviscerates it as a pathway to justice and accountability for survivors," concludes Cain.
PBJ Learning supports people's rights to privacy and personal safety. It is our mission to provide world-class anti-trafficking education through any web browser. The internet must be open, free, and safe for everyone. Laws should be written and interpreted clearly so everyone is afforded the same protections. Join our community at pbjlearning.com
Billy Joe Cain, Co-founder
Page Updated Last on: Jun 23, 2022